DISASSOCIATED PERSONS LIST; NAME REMOVAL H.B. 4686 (H-2):
SUMMARY OF HOUSE-PASSED BILL
IN COMMITTEE
House Bill 4686 (Substitute H-2 as passed by the House)
Sponsor: Representative Ryan Berman
House Committee: Regulatory Reform
Ways and Means
Senate Committee: Regulatory Reform
CONTENT
The bill would amend the Michigan Gaming Control and Revenue Act to prescribe the process for an individual to remove his or her name from the Disassociated Persons List maintained under the Act.
The Act requires the Michigan Gaming Control Board to create a list of disassociated people. The Board must, with the assistance of casino licensees, inform each patron of the list and explain how a patron may add his or her name to the list. The Board may add an individual's name to the list if he or she has notified the Board in writing of his or her pledge not to visit a casino in the State by filing an application for placement on the list with the Board.
An individual who has placed his or her name on the list who enters a casino in the State is guilty of criminal trespassing punishable by imprisonment for up to one year, a maximum fine of $1,000, or both.
The name of an individual placed on the list must remain on it for the remainder of his or her life.
Under the bill, not earlier than five years after an individual's name had been placed on the list, he or she could submit a form, provided by the Board, to the Board to have his or her name removed from the list. After receiving the form, the Board would have to notify all of the following that the individual's name had been removed from the list:
-- Each casino licensee.
-- The Department of the Attorney General.
-- The Department of State Police.
The Act specifies that any information contained in an application form is exempt from disclosure under the Freedom of Information Act (FOIA) and is not open for public inspection. Under the bill, information contained in a form to remove an individual's name from the list also would be exempt from disclosure under the FOIA and would not be open for public inspection.
MCL 432.225 Legislative Analyst: Stephen Jackson
FISCAL IMPACT
The bill would have a minimal fiscal impact on the Michigan Gaming Control Board and no fiscal impact on local units of government. As of 2019, 4,771 individuals were on the Disassociated Persons List with overall applications to the list declining over the past three years. While the first year of enactment likely would see an initial increase in forms to remove individuals from the list, it is unlikely that there would be a significant increase in the long-term that would require additional appropriations for administration of the Disassociated Person List.
The bill also could result in savings for the State and local units of government due to decreased resource demands on law enforcement, court systems, community supervision, and jails. Costs vary by jurisdiction; however, it is unknown how many people would remove themselves from the disassociated persons list under the bill's provisions. Accordingly, the magnitude of any potential savings is indeterminate. Any additional loss in revenue from imposed penal fines would affect revenue for local libraries.
Cory Savino
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.